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Mr. Rick Siebel, Regional Director -4- May 16, 1995 <br />Office of Surface Mining <br />Western Region Coordinating Center <br />foot measuring staff. The average cover thickness was 4.72 feet, exceeding the four-foot <br />permit and regulatory cover thickness requirement. <br />EFMC also backfilled a 400-foot length of a 25-foot-tall, pre-law portal face-up area. As <br />EFMC had not redisturbed this area, the operator was not required by State law or the mine <br />permit to reclaim this area. Four slope measurements os the reclaimed area were all less <br />than 17.80°, and averaged to a 16.4° slope angle. <br />2. Drainage Contro! <br />Three temporary clean water diversions exist on site. All were inspected during the <br />March 8, 1995 inspections and found to be in compliance with their approved designs. <br />These diversions will be removed prior to final bond release. <br />Five drainage structures have been approved to remain permanently. These are Clean Water <br />Diversion Ditches Nos. 1 and 2, Refuse Collection Ditches Nos. 1 and 2, and the Starkville <br />Gulch Permanent Stream Channel Diversion. All were inspected during the March 8, 1995 <br />inspection and found to be in compliance with their approved designs for the 100-year, 24- <br />hour precipitation event. <br />One sediment pond has been constructed on the mine site. The landowner has requested that <br />the pond remain as a permanent structure. As EFMC had not yet submitted to the Division <br />those demonstrations for pond retention required by Sections 3.03.1(3)(c), 4.05.2(2), 4.05.9, <br />and 4.05.17 of Colorado's Regulations by the March 8, 1995 inspection, the Division had <br />not approved the sediment pond to remain as a permanent structure. The pond was found <br />to be in compliance with its approved designs at the time of the March 8, 1995 inspection. <br />C. Division and-OSM/AFO Determinations <br />The Division and AFO concluded the joint Raton Creek Bond Release Inspection on March 8, <br />1995. The Division issued its inspection report on March 13, 1995, and issued its Proposed <br />Decision for this Bond Release Request on April 7, 1995. <br />The Division proposed a determination that, with the exception of the specifically excluded <br />portion of the substation area, the cited portion of the south-facing outslope of the coal mine <br />waste bank, and the sediment pond, all the drainage control structures and all the backfilled and <br />graded areas identified in the bond release request met the regulatory and design criteria for <br />approval. <br />The AFO agreed with the majority of the Division's proposed decisions, issuing their April 13, <br />1995 TDN for only two items. Part One of the TDN stated, "Failure to restore stream channel <br />to near original condition as per Section 4.05.4(4) of the Colorado Regulations. Section of 8 ft. <br />culvert near shop. [Rule] 4.05.4(4)." Associated comments in the AFO's Mine-Site Evaluation <br />